Madras High CourtCMA(MD)/535/2019disposed of

The Deputy General Manager v. T.Velshankar

2019-12-02Honourable Mrs Justice R. Tharani2 pages

C.M.A.(MD)Nos.535 and 536 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.12.2019

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)Nos.535 and 536 of 2019 and C.M.P.(MD)Nos.6254 and 6259 of 2019 The Deputy General Manager, Hindustan Petroleum Corporation, Having Office at 1st Floor, CMTS Bhavan, Ellis Nagar, Madurai 625 016.

.. Appellant/Respondent in both C.M.As.

Vs.

T.Velshankar .. Respondent/Petitioner in both C.M.As.

Prayer in C.M.A.(MD)No.535 of 2019: This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, to set aside the judgment and decree dated 30.04.2019 and made in Arbitration O.P.No.108 of 2019 on the file of the learned Principal District Judge, Madurai.

Prayer in C.M.A.(MD)No.536 of 2019: This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, to set aside the judgment and decree dated 30.04.2019 and made in Counter claim No. of 2019 in Arbitration O.P.No.108 of 2019 on the file of the learned Principal District Judge, Madurai. For Petitioner (in both CMAs) : Mr.S.Srinivasa Raghavan For Respondent(in both CMAs) : Mr.D.Malaichamy COMMON ORDER Heard the learned counsel appearing on either side. 2.The Civil Miscellaneous Appeals have been filed against the common judgment and decree passed in Arbitration O.P.No.108 of 2019 dated 30.04.2019 on the file of the learned Principal District Judge, Madurai.

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C.M.A.(MD)Nos.535 and 536 of 2019 3.On the side of the appellant, it is stated that an Arbitrator was already appointed and the respondent made appearance before the Arbitrator and filed objections before the Arbitrator and the Arbitrator reserved the matter for interim order and there is no reasons to proceed with the appeals.

4.On the side of the respondent, it is stated that the rights of the respondent should not be curtailed by lapse of time. 5.These two civil miscellaneous appeals are filed against the common order passed in A.R.O.P.No.108 of 2019 and in Counter claim No. of 2019 dated 30.04.2019. Subsequently, an Arbitrator was appointed and the respondent filed objections before the Arbitrator. 6.Hence, nothing survives for adjudication in these Civil Miscellaneous Appeals. Both the Civil Miscellaneous Appeals are disposed of with a direction to the Arbitrator to dispose of the case within a period of six months from the date of receipt of copy of this order. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) MRN To The Principal District Judge, Madurai.

+1 CC to M/s.S.SRINIVASARAGAVAN, Advocate ( SR-103002[F] dated 02/12/2019 ) +1 CC to M/s.D.MALAICHAMY, Advocate ( SR-102945[F] dated 02/12/2019 ) C.M.A.(MD)Nos.535 and 536 of 2019 02.12.2019 KK/SAR/09.01.2020/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2